The Kuala Lumpur High Court today granted leave to Bersih chairperson Maria Chin Abdullah to challenge the overseas travel ban imposed on her.

Justice Nik Hasmat Nik Mohamed ruled that Maria had passed the low threshold for the judicial review to be heard on its merits.

"The court finds that this is not a vexatious and frivolous application and it will be interesting to hear the case. There are contentious issues to be heard, especially on the constitutionality of Section 59A of the Immigration Act," she said in her oral decision.

Before delivering her decision, the judge asked if Maria was present as she wanted to meet the person who had been creating news.

The judge also awarded RM3,000 costs to the Bersih chief.

It was reported that Maria was barred from travelling to South Korea to get an international award, the Gwanju Human Rights Award.

She named the director-general of Immigration and the Home Ministry as respondents in an application filed at the High Court in Kuala Lumpur, by the law firm of Sreenevasan on July 28.

A judicial review application is to challenge a decision made by the authorities. In this case, Maria, who leads a coalition of 85 NGOs, is seeking to quash the travel ban and set aside the order.

She also sought a declaration that the travel ban is against her constitutional right regarding liberty of a person (Article 5 of the Federal Constitution), equality (Article 8) and Article 10(1)(a) regarding freedom of speech and expression and hence, the travel ban is unconstitutional and should be declared null and void.

Maria also sought a declaration that the two respondents acted beyond their jurisdiction and that they have unfettered discretion to arrive at a decision is in dispute.

The Bersih chairperson also sought a declaration that Sections 59 and 59A of the Immigration Act are unconstitutional, as well as a prohibitory order against the respondents from blacklisting her.

She claimed that the respondents acted ultra vires the Immigration Act 1959 and other existing laws, including violating her constitutional rights, her rights to natural justice and procedural justice.

Preliminary objection

Earlier, Justice Nik Hasmat heard the preliminary objection to the leave application by senior federal counsel Shamsul Bolhassan who told the court that Section 59 and 59A of the Immigration Act, on the exclusion on the right to be heard and exclusion on the right to judicial review.

“The Federal Court has decided that this cannot be reviewed. This case has no chance to succeed as Section 59 and 59A is considered valid law,” he said.

However, counsel Gurdial Singh Nijar said the order is a violation of Maria's constitutional rights to freedom of speech and expression.

He said by barring her from travelling overseas, it affected her constittutional right to freedom of speech outside the country as an activist.

Gurdial also pointed out that the Court of Appeal in the recent Raub Gold Mine appeal vs Hue Shieh Lee recognised the important role played by activists.

Gurdial, who appeared with Ambiga Sreenavasan said that despite having Section 59 and 59A, there are statutes which can be declared unconstitutional and they will be challenging them.

“For these reasons, this application is not a frivolous and vexatious application as it can be seen it has violated her constitutional right,” said Gurdial.